No. 05-3981-ag.United States Court of Appeals, Second Circuit.
May 8, 2007.
UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals (“BIA”), IT IS HEREBY ORDERED, ADJUDGED AND DECREED
that the petition for review is DISMISSED and the case is REMANDED to the BIA for further proceedings.
Steven A. Morley, Morley Surrin Griffin, Philadelphia, PA, for petitioner.
Victoria S. Shin, Assistant United States Attorney (William J. Nardini, of counsel), for Kevin J. O’Connor, United States Attorney, District of Connecticut, for respondent.
PRESENT: Hon. DENNIS JACOBS, Chief Judge, Hon. RICHARD J. CARDAMONE, and Hon. SONIA SOTOMAYOR, Circuit Judges.
SUMMARY ORDER
Petitioner Osborne Alexander, native and citizen of St. Vincent-Grenadines, sought review of a June 21, 2005 decision of the BIA denying his appeal of a January 10, 1997 decision of Immigration Judge Phillip T. Williams ordering removal pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii). In re Osborne Roger Alexander, No. A43 834 427 (B.I.A. June 21, 2005), affg No. A43 834 427 (Immig. Ct. N.Y. City Jan. 10, 1997).
Because both parties seek remand, the case will be remanded to the BIA. We intimate no view on the merits of the petition or on the proceedings the BIA should undertake on remand.
Accordingly, the petition for review is DISMISSED and the case is REMANDED to the BIA for further proceedings.
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